As used in this part, unless the context otherwise requires:

(1) “Brand” means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer;
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Terms Used In Tennessee Code 43-11-103

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Commercial fertilizer: means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum. See Tennessee Code 43-11-103
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 43-11-103
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Grade: means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the "guaranteed analysis". See Tennessee Code 43-11-103
  • guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
    (i)

    Total Nitrogen (N) . See Tennessee Code 43-11-103

  • Label: means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer. See Tennessee Code 43-11-103
  • Labeling: means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. See Tennessee Code 43-11-103
  • Official sample: means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner. See Tennessee Code 43-11-103
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • percentage: means the percentage by weight. See Tennessee Code 43-11-103
  • Person: includes an individual, partnership, association, firm, and corporation. See Tennessee Code 43-11-103
  • Political subdivision: means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state. See Tennessee Code 43-11-103
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Ton: means a net weight of two thousand pounds (2,000 lbs. See Tennessee Code 43-11-103
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) “Bulk fertilizers” means commercial fertilizer distributed in a nonpackaged form;
(3) “Commercial fertilizer” means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum;
(4) “Commissioner” means the commissioner of agriculture;
(5) “Deficiency” means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity;
(6) “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state;
(7) “Fertilizer material” is a fertilizer that either:

(A) Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash);
(B) Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or
(C) Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;
(8) “Grade” means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the “guaranteed analysis”;
(9) “Guaranteed analysis”:

(A) Until the commissioner prescribes the alternative form of “guaranteed analysis” in accordance with the provisions of subdivision (9)(B), “guaranteed analysis” means the minimum percentage of plant nutrients claimed in the following order and form:

(i)

Total Nitrogen (N) ……………….. ____________________ percent

Available Phosphoric Acid (P205) ……………….. ____________________ percent

Soluble Potash (K20) ……………….. ____________________ percent

(ii) For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid;
(iii) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and
(iv) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and
(B) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the “guaranteed analysis” shall be in the following form:

Total Nitrogen (N) ……………….. ____________________ percent

Available Phosphorus (P) ……………….. ____________________ percent

Soluble Potassium (K) ……………….. ____________________ percent

provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade;

(10) “Investigational allowance” means an allowance for variations inherent in the taking, preparation, and analysis of an official sample;
(11) “Label” means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer;
(12) “Labeling” means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer;
(13) “Local legislation” means, but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision;
(14) “Mixed fertilizer” is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth;
(15) “Official sample” means any sample of commercial fertilizer taken by the commissioner or the commissioner’s agent and designated as “official” by the commissioner;
(16) “Overall index value” means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per § 43-11-110;
(17) “Percent” or “percentage” means the percentage by weight;
(18) “Person” includes an individual, partnership, association, firm, and corporation;
(19) “Political subdivision” means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state;
(20) “Registrant” means the person who registers commercial fertilizer under this part;
(21) “Soil conditioner or soil amendment” means any substance that is intended to improve the physical characteristics of the soil, except agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation;
(22) “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;
(23) “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and
(24) “Unmanipulated manure” means any substance composed of the excreta of domestic animals or domestic fowls that has not been processed in any manner, including drying, grinding, shredding, addition of plant food, mixing artificially with any material or materials other than those that have been used for bedding, sanitary, or feeding purposes for the animals or fowls, or any other means.
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